A Civil suit was filed before the court of civil judge, Mathura division on behalf of child deity Bhagwan Shri Krishna Virjman, seeking removal of the Masjid Idgah, allegedly built adjacent to the land of Shrikrishna Janam Bhoomi.
Ranjana Agnihotri has filed a plea in the name of ‘Bhagwan Shri Krishna Virjman’. The list of petitioners also includes six devotees. The suit claims ‘removal of encroachment and superstructure illegally erected by Committee of management of alleged Trust Masjid Idgah with the help of Sunni Central Board of Waqf …upon the land belonging to Shri Krishna Virjman’
The First petitioner in his plea states that “He is a minor and a juristic person which means he has every right to protect its property and recover its lost property through shebait also he can own, acquire and possess the property. And in absence of shebait through his next friend, he can seek advantage of an appropriate remedy in a court of law
.” The second plaintiff is ShriKrishna Janmabhoomi, the birthplace of Lord Krishna which has a significant value of rituals and prestige. The other plaintiffs are the devotees who seek to ensure that the darshan, pooja, rituals, and other things are related to the ritual aspects that belong to the Sanatan Dharam to be conducted on the actual birth place of the god which comes under Article 25
of Indian Constitution
. It is alleged that back in 1968 Society Shree Krishna Janamasthan Seva Sangh had a compromising condition with Committee of Management of Trust Masjid Idgah to provide a portion of land for performing rituals of the deities of the latter. On such condition, the plaintiffs argued, “The Plaintiffs have right under Article 26 (Twenty-Six) of the Constitution of India to regain, hold and manage the property belonging to, owned and possessed by deity Lord Shri Krishna Virajman. That it is relevant to mention that Shri Krishna Janmasthan Seva Sangh has no proprietary or ownership right in the property of Katra Keshavdev which stood vested in the deity and the trust”.
Defending to the allegation of the Sunni Central Board of Waqf stated as “it without any authority of law and in utter violation of decree of the Court with the help of some Muslims put superstructure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity”. Further, the Society Shri Krishna Janmasthan Seva argued against the defendant that the trust has remained has been in a state of non-functionality since 1958 and has failed to manage the responsibility towards the deity. The Sangh further emphasized, "Under Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the deities property and property vested in the deity is never destroyed or lost and it can be regained and re-established whenever it is freed, found or recovered from the clutches of invaders, ultras or hoodlums."